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OH HB291

Bill

Status

Introduced

7/22/2015

Primary Sponsor

Ron Young

Click for details

Origin

House of Representatives

131st General Assembly (2015-2016)

AI Summary

  • Requires attorneys to send defendants written notice at least 30 days before filing a confession of judgment petition, except when the confession is made in connection with settlement of a dispute.

  • Courts must notify defendants immediately upon entry of judgment and inform them of their right to request a hearing within 30 days to determine if they are in monetary default.

  • Hearings must be held within 7 days of request, and if the court determines the creditor has not proven monetary default, the judgment is vacated and defendant receives court costs, reasonable attorney fees, and actual damages.

  • Requires different warning language on debt instruments depending on whether the confession of judgment is connected to settlement of a dispute, with enhanced warnings for non-settlement contexts.

  • Prohibits confessions of judgment in consumer loans and consumer transactions; such cases must be commenced by ordinary civil complaint with notice served and a trial held within 60 days of any filed answer.

Legislative Description

Requires notice and hearing after a confession of judgment

Courts and Civil Law : Civil Law

Last Action

Reported - Substitute: Judiciary

5/11/2016

Committee Referrals

Judiciary10/1/2015

Full Bill Text

No bill text available